Empromptu Terms of Service

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.empromptu.ai, send you an email, and/or notify you by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Privacy

For information about how we collect and use information about users of the Services, please check out our privacy policy available at www.empromptu.ai/privacy.

What are the basics of using Empromptu?

You may be required to sign up for an account, select a password and user name (“Empromptu User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Empromptu User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission (except as otherwise provided below in Assignment, below). Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each a “Third Party Account”), such as those offered by Google and GitHub. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. Each party hereto will use the Services is compliance with all applicable laws. You will not share your Empromptu User ID, account or password with anyone other than your employees, consultants and advisors, and you must protect the security of your Empromptu User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your Empromptu User ID and account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Empromptu sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

• (a) infringes or violates the intellectual property rights or any other rights of anyone else (including Empromptu);
• (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Empromptu;
• (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• (d) jeopardizes the security of your Empromptu User ID, account or anyone else's (such as allowing someone else to log in to the Services as you);
• (e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
• (f) violates the security of any computer network, or cracks any passwords or security encryption codes;
• (g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
• (h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• (i) copies or stores any significant portion of the Content; or
• (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations that are provided by us through the Services (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Empromptu's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable (except as set forth in Assignment, below) license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Empromptu owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. User Submissions constitute your Confidential Information, and we will not use any of your User Submissions for any purpose other than to provide the Services.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) contain sexually explicit content or pornography; (ii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iii) exploit minors; (iv) depict unlawful acts or extreme violence; (v) depict animal cruelty or extreme violence towards animals; (vi) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (vii) that violate any law.

Ownership, Intellectual Property, and Generated Output

Definitions For purposes of these Terms: “Customer Content” means all data, prompts, files, code, configurations, schemas, workflows, business logic, or other materials submitted, uploaded, or otherwise provided by Customer in connection with the Services. “Generated Output” means any applications, code, workflows, configurations, models, prompts, evaluations, pipelines, artifacts, or other materials produced by the Services in response to Customer instructions or derived from Customer Content. “Templates” means reusable patterns, starter components, reference architectures, workflows, prompts, schemas, or other standardized building blocks created or provided by Empromptu as part of the Services to enable common functionality. “Template Derivatives” means implementations, applications, configurations, or modifications created by or for Customer using Templates in combination with Customer Content or Customer-specific requirements. “Platform Technology” means the Services themselves, including all underlying software, models, orchestration systems, optimization systems, evaluation frameworks, pipelines, prompt-generation mechanisms, infrastructure, algorithms, and other technical mechanisms used to generate or operate Generated Output, but excluding Generated Output itself. Ownership of Customer Content Ownership of Customer Content Customer retains all right, title, and interest in and to Customer Content. Customer Content constitutes Customer Confidential Information and will be handled in accordance with these Terms and the Privacy Policy. Ownership of Generated Output Subject to Customer’s compliance with these Terms and payment of all applicable fees: Customer owns all right, title, and interest in and to Generated Output, including applications, code, workflows, configurations, prompts, evaluations, pipelines, models configured for Customer use, and other artifacts generated through use of the Services. Customer ownership includes the business logic, workflows, schemas, configurations, and implementations created using the Services. Ownership of Templates and Platform Technology Empromptu retains all right, title, and interest in and to: Templates Platform Technology The mechanisms used to create Generated Output, including optimization systems, orchestration logic, evaluation frameworks, prompt-generation systems, pipelines, and infrastructure All improvements, enhancements, and modifications to the foregoing Use of the Services does not grant Customer ownership of Templates or Platform Technology, even where Generated Output is produced using them. Template Derivatives Template Derivatives created for a Customer, including applications, configurations, and implementations built using Templates, are owned by the Customer. However, ownership of Template Derivatives does not transfer ownership of the underlying Template architecture, structure, or reusable components that are part of the Templates or Platform Technology. Improvements and Aggregated Usage Data Empromptu may use anonymized and aggregated usage data to improve the Services, provided that such use does not include Customer Confidential Information and does not identify Customer or disclose Customer-specific implementations. Empromptu retains the right to use generalized learnings, technical insights, and performance characteristics derived from operation of the Services, provided that such use does not disclose Customer Confidential Information or Customer-specific implementations. Customer Responsibility for Review of Outputs Customer is responsible for reviewing, validating, and approving all Generated Output before use in production or business-critical environments. While Empromptu provides tools designed to improve accuracy and reliability, Generated Output may require human review and verification depending on the Customer’s use case. Third-Party Services The Services may incorporate or rely upon third-party services, models, APIs, or infrastructure. Use of such components may be subject to additional terms imposed by the applicable third-party providers. Empromptu is not responsible for third-party services beyond the extent required by applicable law. Beta and Experimental Features From time to time, Empromptu may offer beta, preview, or experimental features. Such features may be provided on an as-is basis, may be modified or discontinued at any time, and may not be subject to the same performance or support standards as generally available Services.

Do the Services cost anything?

Certain of the Services are offered for free. For others, or for certain premium features, we may charge a fee. If you are using a free or trial version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

a. Paid Services

Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page www.empromptu.ai/pricing for a description of the current Paid Services. Please note that any payment terms and fees set forth in the Order Form as part of this Agreement and or presented to you in the process of using or signing up for a Paid Service are applicable and deemed part of these Terms.

What if I want to stop using the Services?

You must provide a 90 day written notice to terminate services by contacting us at support@empromptu.ai; please refer to our Privacy Policy empromptu.ai/privacy as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Empromptu is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Empromptu has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at support@empromptu.ai – we will try to help, but unfortunately, we can't promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Arbitration Agreement

Contact Information